ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11209003230092 of 2023 registered with the Kheroj Police Station, Sabarkantha of the offence punishable under Sections 306 and 498-A of the IPC.

2. Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 23.06.2023 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate for the applicant has submitted that the present applicant-accused is a young boy aged about 19 years.

In fact, there was no marriage took place between the applicant-accused and the deceased. They were only engaged and, therefore, the present applicant-accused cannot be termed as ‘husband’. Thus, the allegations under Section 498-A of the IPC has falsely been levelled against the applicant-accused. It is further submitted that the deceased has committed suicide at the house of the complainant and no such incident has taken place between the applicant-accused and the deceased to establish the abetment and proximate cause so as to attract the offence punishable under Section 306 of the IPC. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.

3. The learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has submitted that the applicant-accused was residing with the deceased and they were living as husband and wife. The applicant-accused often used to harass the deceased and due to such incessant and constant harassment, the deceased has committed suicide. Learned APP has also submitted that therefore considering the role attributed to the applicant-accused, this is a fit case wherein discretionary power of this Court is not required to be exercised in favour of the applicant-accused.

4. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. This Court has also considered the following aspects;

a) That the investigation has already been completed and charge-sheet has also been filed;

b) That the applicant-accused is a young boy aged about 19 years;

c) That the applicant-accused is in jail since 23.06.2023;

6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11209003230092 of 2023 registered with the Kheroj Police Station, Sabarkantha, on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English c